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caravanj

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About caravanj

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  1. @Richlist We're asking the solicitor what happens if the terms of the Deed of Trust are broken insomuch as my wife's mother grants her son a tenancy which would be against the 'not to create or purport to create any charge mortgage lien or other interest in respect of the property' clause. My personal view is that any such tenancy would be invalid & therefore the son's status would remain as an excluded occupier . @Grampa Yes we'll post the advice that we receive & details of any extra measures that we've had to take. We've instructed a solicitor who specialises solely in property & property occupancy law. Our original question about the length of notice, if any, to get the son out of the property when the terms of the Deed of Trust trigger a sale will also be put to the solicitor.
  2. The Deed of Trust is very specific & covers everything that was required & it wasn't until Grampa's advice that we realised there could be the potential for a future problem which is why we're taking additional legal advice but as the solicitor has pointed out it's impossible to pre-empt every single possible scenario.
  3. Yes we'll take legal advice. It is quite infuriating to find that having spent £hundreds on what we thought was a watertight Deed of Trust there could be the possibility of her brother just ignoring it & becoming a tenant & overturning the Deed of Trust. To say that the UK law regarding the occupancy of residential property is a joke is unfair to jokes! Thanks again for your input.
  4. Thanks for your reply, The house is owned 75% by her mother & 25% by my wife. The Deed of Trust specifically precludes her mother from creating any lien, charge or interest in the property & we've always thought that would include her mother offering a tenancy to her son since that would give him an interest in the property. The Deed of Trust states that my wife is entitled to be paid her 25% of the value of the house when either both her parents are deceased or can no longer live in the house i.e they're in residential care etc.& realistically that could only be achieved by selling the house. The notice to quit for an excluded occupier renting a room seems to be whatever the rental payment period is but in our case the son doesn't rent a room so there's no payment period & therefore it could be argued that there's no notice period. We'll most likely take your advice & consult a solicitor.
  5. This isn't really a landlord / tenant problem but it has some commonalities so someone on the forum may know the answer. My wife part-owns a house occupied by her mother & brother but as soon as her mother got the dosh from my wife to help buy the house, relations broke down. There is a Deed of Trust that prevents her mother from creating any lien, charge or interest in the property which would include renting it or having lodgers & her brother is not named on the Deed of Trust. The brother is an excluded occupier & doesn't pay rent since the Deed of Trust precludes this so when the time comes to sell the house what notice if any, do we have to give him to quit? The only advice we've found is related to lodgers or people renting a room but this doesn't apply to her brother.
  6. There are good & bad but the potential for bad has to be greater with HB tenants I would think.
  7. EPC's are useless & prove nothing because two identical households with indentical ratings can use hugely different amounts of energy. It's like road tax being linked to car emissions, another load of garbage since a top rated high polluting old banger will probably only do a fraction of the mileage done by a low emission zero rated salesman's car. It's just another money making scheme.
  8. Currently an EPC lasts for 10 years & can be transferred any number of times during that period.
  9. The new system of universal credits which will replace a lot of the existing benefits & tax credits, including housing benefit, is being introduced from 2013 onwards for all new claimants & all claimants will be on universal credits by 2017. Under this system claimants will be paid all their universal credit money into a bank account on a monthly basis & since housing benefit will become part of these payments, landlords won't get rent money paid to them directly by the local authority. Concerns have been raised that a lot of the universal credit payment recipients will struggle to manage their money on a monthly basis so we all know what won't get paid & it won't be the booze & fags!!
  10. Thanks for your replies. I did talk the tenant through the re-pressurising the system & stayed on the phone while he did it, the whole process taking less than a minute. I've checked with the heating installer who says that over-pressurisation won't cause any damage to the pressure valve which will just shut once the excess pressure has been vented so that's reassuring. Our agent does, however, make the tenant liable for maintaining the water softener system where the room for causing damage is quite high if granule salt is used instead of block salt. It's the inconsistency between the two appliances that puzzled me.
  11. I would have thought that as with any contract, it's made when both parties make the agreement either verbally, or in writing or by any electronic communication & therefore there was a tenancy.
  12. We rent out a 2-year-old house which has a sealed pressurised heating system & today the tenant has texted to me to say that the boiler has stopped working because the gauge is showing 0.4 bar so I've replied rather sarcastically saying that at 0.4 bar it will stop & why hasn't he been keeping an eye on the gauge & re-pressurising it as per the instructions left for them. On checking the tenancy agreement I've found that the boiler isn't mentioned in the list of items that the tenant should do so I phoned the agent & was amazed to be told that they don't expect a tenant to re-pressurise the boiler as they could damage it. What's your take on this please?
  13. Did you actually fit a dimmer switch & change the radiator because it's never been your job responsibility to fit a dimmer switch or a double radiator in the first place. What happens if you get another tenant who doesn't like dimmer switches & says the bathroom gets too hot, will you change things back again? Regarding the steps you need to seek some legal & building regs advice since whatever you do to the steps will make you liable.
  14. No advertising allowed on the forum!!!!!!!!!!! Also there are several sites that offer a 'rate a tenant' service & loads that offer all of your other services. Anyone who adversely rates a tenant, without the consent of the tenant, on one of these sites will, potentially, fall foul of the laws of libel & I can't see a tenant giving such consent.
  15. I'm sorry but your your post & reply seem to contradict each other In your original post you said you're only hope was in the court but in your reply you say you've been through the court process.
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